Simple Will in Minnesota Is Not So Simple

Simple Will
Simple Will

A simple will in Minnesota is rarely simple. A simple will is really for the situation when death is imminent. A will that fails to anticipate and identify assets, beneficiaries, children, family dynamics is hardly good planning. So, when people say they want a simple will, what they really mean is a basic will.

A simplified will or basic will is designed when a person opts for an outright disposition. In other words, the person does not have a trust. Also, basic will is for an individual or married couple that is below a tax threshold for Minnesota.

One of the most important questions when deciding on a will type is whether or not the document will contradict other documents. For example, beneficiary forms, transfer on death deeds, and or dispositions identified in a divorce decree or business operating agreement.

Assuming a simple will is desired, the next issue is generally who should be designated as the personal representative.  A personal representative is the person you has an opportunity to administer an estate upon seeking a Probate Court’s approval.

Other issues often addressed within a simple will include alternate personal representatives, guardianship alternates, and addressing simple gifts of tangible personal property. Unfortunately, matters that are often overlooked by people seeking a simple will are retirement accounts and real estate.

Because this law office prepares and formalizes simple wills, please consider contacting the law office IAJ Law for assistance with this process.

Learn More

Estate Attorney Jasper Berg